근로기준법위반
The defendant's appeal is dismissed.
In light of the reasoning of the Defendant’s appeal (unfair sentencing) that the Defendant was unable to pay wages to the victims because he was unable to receive additional construction payments from the contractor, and that he was endeavoring to pay wages, the lower court’s sentence that sentenced a fine of KRW 4,00,000 is too unreasonable.
Judgment
In full view of the facts alleged in the grounds of appeal, the crime of this case was committed by the Defendant’s failure to pay a total of KRW 23,040,000 to nine workers, and the fact that it is not good that the Defendant was unable to pay wages to the above workers up to the trial. The Defendant’s history of criminal punishment for the same kind of crime reaches 11 times, and the Defendant’s age, sex, environment, motive and circumstance of the crime, and all the conditions of sentencing specified in the records and arguments of this case, including the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances alleged in the grounds of appeal, so the above assertion is without merit.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.